05-07-2013 - Regular Meeting - MinutesMINUTES
REGULAR MEETING OF THE
WEST COVINA CITY COUNCIL
May 07, 2013
Mayor Sanderson called to order the regular meeting of the West Covina City Council at 7:06 p.m. in
the City Hall Council Chambers, 1444 W. Garvey Avenue, West Covina.
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
Reverend Mary Hollifield-
West Covina United Methodist Church
Councilmember Fredrick Sykes
Mayor Sanderson, Mayor Pro Tern Herfert,
Councilmembers McIntyre, Sotelo, Sykes
REPORTING OUT FROM CLOSED SESSION
None.
PRESENTATIONS Mayor Sanderson presented Marc Travatore, Principal of
Edgewood High School with a Certificate of Recognition on
Edgewood High School being named a California Distinguished
School.
Mayor Sanderson presented Alex Ruvalcaba, Principal of West
Covina High School with a Certificate of Recognition on West
Covina High School being named a California Distinguished
School.
Mayor Sanderson assisted by Bryan Garland of California Street
Hockey presented Certificates of Recognition to Coach Gary
Heritage and Lorenzo Barrios.
CHANGES TO THE AGENDA City Manager Christopher Chung introduced Nita McKay, Finance
and Human Resources Director.
ORAL COMMUNICATIONS
Philip Moreno Philip Moreno, West Covina resident, addressed the proposed
urgency moratorium and the proposed development standards not
applied to other developments.
Bruce Leinbach Bruce Leinbach, West Covina resident, congratulated staff for
former City Manager Andy Pasmant's retirement dinner and
recognized Chris Freeland for his work on chamber video camera
upgrades; commented on the proposed moratorium and the change
in standards.
John Heimann John Heimann, Baldy View Chapter of Building Industry
Association, spoke in opposition to the Moratorium due to the
economic crisis affecting local jobs and revenue.
Lloyd Johnson Lloyd Johnson, West Covina resident, addressed questions he
previously addressed to the Mayor in which he states she has not
responded.
City Council Minutes of May 07, 2013
Roberto Reyes Roberto Reyes, West Covina resident, addressed the issue of
preservation of trees proposing the dedication of memorial city
trees after distinguished individuals which can't be removed.
Michael Van Daele Michael Van Daele, representing Van Daele Homes, addressed
their investment in the City with the purchases of lots for
development in the South Hills subdivision and expressed his
company's opposition to the moratorium.
Elsie Messman Elsie Messman, West Covina resident, addressed the proposed
moratorium of the South Hills subdivision and its purpose.
Phil Kaufman Phil Kaufman, West Covina resident, addressed a house fire .in his
neighborhood commending the Fire Department in putting out the
fire and the Police Department for their assistance; addressed the
procedure of notifying utility companies when there is such an
incident.
John Shewmaker John Shewmaker, West Covina resident, addressed several past
actions of the city councilmembers.
Mayor Pro Tern Herfert addressed Mr. Shewmaker's comments.
Shirley Buchanan Shirley Buchanan, West Covina resident, addressed the Successor
Agency's lawsuit against the State Department of Finance as
reported in the Tribune inquiring about the City's process of
publicly reporting its decision to sue.
Herb Redholtz Herb Redholtz, West Covina resident, addressed the Successor
Agency's lawsuit against the Department of Finance; addressed the
City's decision to file an appeal regarding the Civic Center project
asking the Mayor her position on the appeal since she was not
present at the meeting to file the appeal; addressed the proposed
Moratorium on the agenda regarding the South Hills Subdivision.
Cameron Saylor Cameron Saylor, West Covina resident, addressed the success of
Maverick Field and baseball teams that play at the field,
highlighting the baseball programs and their private/public
partnerships.
Mayor Pro Tem Herfert noted the City's successes are due to the
residents and volunteers who dedicate their time and efforts to
contribute to its success and expressed his support.
Fely McIntosh Fely McIntosh, West Covina resident, thanked the City Council for
their service to the community.
Jessica Shewmaker Jessica Shewmaker, West Covina resident, addressed comments
regarding West Covina Unified School District board meetings.
Frank Williams Frank Williams, West Covina resident, spoke on the privilege to
vote; thanked the Council on their success in making the City a
pleasant place to live in; noted the Fire Department's staff s
actions in assisting a resident during a fire in their neighborhood;
and the community's unity.
Michelle Lopez Michelle Lopez, West Covina resident, commended the West
Covina Street Hockey Association and their program.
Bryan Garland Bryan Garland, West Covina resident, addressed his
disappointment of the negative comments at the meeting;
addressed the success of the Street Hockey league and the facility;
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City Council Minutes of May 07, 2013
thanked the Council for their support and presented Mayor
Sanderson with a plaque.
Gary Lawson Gary Lawson, West Covina resident, complimented the City
Council and announced the upcoming 1st Annual West Covina
Community and Business Fair.
Gregory Weiler Gregory Weiler, representing South Hills Homes Partnership,
addressed the proposed urgency moratorium stating the proposed
ordinance does not meet the statutes and there is no urgency.
Deputy City Attorney Lam addressed the proposed ordinance and
the urgency.
Irene Fleck Irene Fleck, West Covina resident, announced the winners of the
33`a Annual Poster Contest and upcoming Library events.
Councilmember Sykes asked that during emergencies, landline
functionality be looked into for public safety; addressed public
access to Council meetings.
CONSENT CALENDAR Councilmember Sykes requested that Item 6 — Grant of Easement
for Utility Purposes in Favor of Southern California Edison
Company be pulled from the Consent Calendar for separate
consideration.
1) Approval of Meeting Minutes (receive & file)
Minutes Special Council Meeting Minutes of February 19, 2013
Regular Council Meeting Minutes of February 19, 2013
Special Council Meeting Minutes of March 05, 2013
Regular Council Meeting Minutes of March 05, 2013
Regular Council Meeting Minutes of March 19, 2013
City Manager's Office
2) Cancelation of May 21, 2013 City Council Meeting
Cancelation of May 21 st Meeting Recommendation is that the City Council cancel the. May 21, 2013
City Council meeting to accommodate the construction schedule to
upgrade the City Council video system.
3) Ordinance to Amend the West Covina Municipal Code Protecting
Use of City's Seal, Logo the Use of the City's Seal, Logo and Images
Recommendation is that the City Council introduce the following
ordinance establishing rules and regulations on the use of the City
of West Covina Seal, Logo, and other proprietary images.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
WEST COVINA, CALIFORNIA, AMENDING SECTION 2 OF
CHAPTER 1 OF THE WEST COVINA MUNICIPAL CODE
ESTABLISHING RULES AND REGULATIONS ON THE USE
OF THE CITY'S SEAL, LOGO, AND OTHER PROPRIETARY
IMAGES
Community Services Department
Resolution Supporting an Application for a Southern California
4) Association of Governments Compass Blueprint Demonstration
SCAG Compass Blueprint Grant Project Grant
Recommendation is that the City Council adopt the following
resolution authorizing the City to apply for a Southern California
Association of Governments Compass Blueprint Demonstration
Project Grant.
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City Council Minutes of May 07, 2013
Resolution No. 2013-28 RESOLUTION NO. 2013-28 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
SUPPORTING AN APPLICATION FOR A COMPASS
BLUEPRINT DEMONSTRATION PROJECT
5) Police Department
Police Explorers Grant Funding Private Grant (Kaiser Permanente) for Police Explorers
Recommendation is that the City Council accept the new Kaiser
Permanente grant and appropriate $2,500 into 221.31.3111.6270.
The following item was pulled from the Consent Calendar for
separate consideration.
Public Works Department
6) Grant of Easement for Utility Purposes in Favor of Southern
SCE Easement — Gemini Street California Edison Company
Recommendation is that the City Council adopt the following
resolution:
RESOLUTION NO. - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A GRANT OF EASEMENT IN FAVOR
OF SOUTHERN CALIFORNIA EDISON COMPANY
7) Acceptance of Open Space — Lot 55 of Tract No. 42169
Open Space Lot in Galster Park Recommendation is that the City Council adopt the following
resolution:
Resolution No. 2013-29 RESOLUTION NO. 2013-29 - A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA,
ACCEPTING LOT 55 OF TRACT NO. 42169 FOR OPEN
SPACE PURPOSES
CONSENT CALENDAR ACTION Motion by Herfert and seconded by Sotelo to approve all items
listed on the Consent Calendar as presented except Item 6 - Grant
of Easement.for Utility Purposes in Favor of Southern California
Edison Company. Motion carried by 5 — 0.
Item 6 Grant of Easement for Utility Purposes in Favor of Southern
California Edison Company
Councilmember Sykes inquired as to why the utilities are being
installed above -ground, as property owners who bought homes in
the area were told their homes were in an area where utilities
would be underground with subterranean vaulting, not above
ground:.
Public Works Director Yauchzee explained that Southern
California Edison is following new specs that call for above-
ground installation of utilities due to the danger of accumulation of
moisture and to improve dependability. They are requesting to
move installation into the paseo area due to the lack of space and
that's why they are requesting the easement. But Yauchzee
assured that the City will be maintaining the area and could place
shrubbery in and around the cabinet although the front needs to be
clear for access and maintenance.
City Manager Chung suggested holding off on the item to.
get more information from Edison on what else can be done.
Motion Motion by Herfert and seconded by McIntyre to hold this item
over for more information from Edison.
Motion carried by 5 - 0.
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City Council Minutes of May 07, 2013
DEPARTMENTAL REGULAR MATTERS
Planning Department
Urgency Ordinance Establishing a Moratorium to Prohibit the
7) Construction of Residential Structures on Vacant Properties in the
Urgency Ordinance — Moratorium South Hills Subdivision to Study Development Standards
South Hills Vacant Lots Mayor Sanderson introduced the item and Planning Director Jeff
Anderson presented the staff report. Anderson briefly explained
that 79 lots in the area were part of a larger development of the
1980's, staff would like to look into the current development
standards that may not have been covered by conditions when the
lots were originally approved prior to development of the lots.
Anderson addressed several of the standards to be assessed, which
are also detailed within the staff report.
Anderson stated that if the council wished to proceed with
the moratorium, staff is recommending the City Council adopt
tonight's urgency ordinance and schedule a public hearing on June
4 in which the moratorium could be extended for an additional 10
months 15 days. The moratorium would prohibit grading or
construction of houses while in place.
Councilmember Sotelo inquired as to the lots not meeting
today's code in which Anderson responded.
Anderson replied that Van Daele [prospective developer]
had already submitted plans and that there is some control through
the subcommittee but code requirements are still an issue.
In addition, City Manager Chung explained the concerns of
having sufficient garage space in larger homes that current codes
do not address; quality building standards for West Covina; and
concerns with constructing homes on slopes.
Council discussion ensued over concerns of delaying
development that impacts City revenues; slope safety and
avoidance of legal costs to the City; inconsistencies in past
developments; and conflict of interest questions that were
addressed by Deputy City Attorney.
Councilmember Sykes expressed numerous concerns and
stated he would not support this ordinance.
Motion Motion by Herfert and seconded by Sotelo to adopt the following
Urgency Ordinance. Motion carried by 4 — 1 (Sykes — No).
Ordinance No. 2243 ORDINANCE NO. 2243 - AN URGENCY ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF WEST COVINA,
CALIFORNIA, PROHIBITING GRADING OR
CONSTRUCTION OF RESIDENTIAL STRUCTURES IN
SPECIFIED AREAS OF THE CITY PENDING COMPLETION
OF. STUDY AND REPORT BY THE PLANNING
COMMISSION FOR SUCH USES, DECLARING THIS AN
INTERIM ZONING ORDINANCE, AND SETTING FORTH
FACTS CONSTITUTING THE SAME AS AN URGENCY
ORDINANCE
CITY COUNCIL REQUESTS FOR REPORTS, STUDIES OR INVESTIGATIONS
COUNCILMEMBER FREDRICK SYKES
Request from Councilmember Fredrick Sykes Requesting the City
9) Council to Instruct City Staff to Prepare a Report on Developing a
Shopping Cart Retrieval City Operated Shopping Cart Retrieval Program
Councilmember Sykes addressed the shopping cart littering
problem and requested a report on how the City can institute a
retrieval program and collect revenue when vendors delay in
retrieving the carts to remove them for public safety reasons.
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City Council Minutes of May 07, 2013
Public Works Director Shannon Yauchzee detailed the City's
current retrieval program through the use of, a contractor and
notifying the vendors. State law allows the City to fine vendors 3
days after they are notified if carts are not removed.
Motion Motion by Herfert and seconded by Sotelo to receive and file.
Motion carried by 5 — 0.
COUNCILMEMBER ROBERT SOTELO
Request from Councilmember Robert Sotelo Requesting the City
10) Council to Instruct City Staff to Prepare a Report on the Removal
Restrooms at Galster Park of the Restrooms at the Wilderness Camps of Galster Park
Councilmember Sotelo explained his purpose to request staff to
look into the condition of the restrooms at Galster Park due to the
serious graffiti problem and the difficulty in monitoring this
isolated location. He would like suggestions to address the graffiti
problem or possibly have the restrooms removed if they are not
necessary.
City Manager Chung responded that staff has looked into
the matter and found the poor condition of the restrooms but added
that they are also looking at the grant deed on the property to
ensure there are no restrictions for removing the restrooms, if this
is an option.
Motion Motion by Sotelo and seconded by Herfert to bring back a report.
Motion carried by 5 — 0.
COUNCIL COMMENTS None.
ADJOURNMENT Motion by McIntyre and seconded by Sykes to.adjourn the meeting
at 9:27 p.m. Motion carried by 5 — 0.
Subrpitted by:
Assistan't,City Clerk Susan Rush
Mayor Shelley Sanderson
no